Designing Politics Through the Judiciary: Turkey’s "Absolute Nullity" Ruling and a Roadmap for Democratic Resistance
The Judicial Narrowing of the Political Sphere in Turkey and the Crisis of Freedom of Association
Dear Friends and Members of the International Community,
On May 21, 2026, Turkey witnessed what was, in every sense, a "black swan" event in terms of its legal history and democratic conventions. The 36th Civil Chamber of the Ankara Regional Court of Justice annulled the major congress of the main opposition party, the Republican People’s Party (CHP), held in November 2023, along with all decisions taken since that date, on grounds of "absolute nullity," and suspended the current administration as a precautionary measure.
This article and roadmap have been prepared both to explain to the international community the anatomy of this unprecedented "judicial intervention" and to offer the Turkish public a concrete model of resistance—distilled from international experience—to safeguard a human-rights-centered democratic future.
International Briefing: The Significance of the Ruling for Democratic Culture
In democracies, political parties are the most fundamental organizations that carry the will of society into parliament; in the words of Minister of Justice Akın Gürlek, they are "the load-bearing columns of democracy." Yet the shaking of these very columns by judicial power itself raises serious questions about the nature of the regime.
A Legal Paradox: Not a Trustee, but a Time Machine Rather than appointing an outside state official (a trustee) to the party, the court used the law like a "time machine" to revive the status that existed before November 4, 2023. While the elected incumbent Chairman Özgür Özel and his boards were suspended, former Chairman Kemal Kılıçdaroğlu and his team were reinstated "as a precautionary measure."
In terms of international human rights norms (particularly Article 11 of the European Convention on Human Rights—Freedom of Assembly and Association), this ruling constitutes a grave violation of intra-party sovereignty and the will of the delegates. The court’s finding that "the will of the delegates was vitiated" is based on the "effective remorse" claims of an expelled mayor (Özkan Yalım). Paralyzing a structure that has received the votes of millions of voters through the methods of criminal prosecution entirely eliminates the predictability of the principle of the democratic rule of law.
According to the shared assessment of the opposition parties, this maneuver is a dangerous phase of a scheme to "create an opposition-free, single-candidate, controllable political sphere."
Short- and Long-Term Effects on Turkey
It is impossible for a political shock of this magnitude to remain confined to the corridors of a party headquarters. As economist Ümit Akçay and the market reactions have made clear, the effects are multidimensional:
Short-Term Effects
- Economic Turbulence: With the announcement of the ruling, the BIST 100 index on the Istanbul Stock Exchange triggered a circuit breaker with losses exceeding 6%, and the banking index over 8%. Political uncertainty directly triggers capital flight and upward pressure on the exchange rate.
- Pressure on Reserves and Inflation: Already eroded by regional risks (uncertainties surrounding the Iran war), the Central Bank’s gold and foreign currency reserves will come under greater pressure to protect the Turkish lira amid this domestic political shock. A deviation from year-end inflation targets is becoming inevitable.
- Social Polarization: With the CHP administration calling on its members to gather at the headquarters, a de facto struggle for democratic legitimacy has begun, centered on the streets and the courthouses.
Long-Term Effects
- The Institutionalization of Judicial Tutelage: If this ruling becomes a precedent, no political party congress or leadership change in Turkey will be safe without passing through judicial approval. Politics will be neutralized entirely through "lawfare."
- Postponement of Early Election Dynamics: The ruling bloc’s combination of an image of financial stability with authoritarian consolidation may remove a structural early election (at least before 2027–2028) as a rational option. The opposition, meanwhile, will continue to press for the ballot box as the only legitimate way out.
A Democratic Roadmap for the Turkish Public
Against authoritarian processes in which the judicial apparatus is instrumentalized, there exist civil society strategies that have succeeded around the world (in the cases of Poland, South Korea, India, and Hungary). Setting aside the liberal fatalism of "the markets won’t allow it" or "justice will prevail in the end," a social and organized line of resistance must be built.
Here is a 3-Stage Roadmap for Protecting Democratic Culture for the Turkish public, civil society, and political actors:
Stage 1: Establishing an Institutional and Legal Shield
- Parallel Legitimacy Structures (Shadow Boards): While the current elected administration (Özgür Özel and his team) legally respects the institutional functioning of the "precautionarily reinstated" former bodies appointed by the court until the objection processes are concluded, it should establish a "Senate of Democracy and Legitimacy" grounded in social legitimacy. Decisions should de facto be carried out through this senate by collective reasoning.
- An International Legal Network: The ruling must urgently be brought before the Constitutional Court (AYM) on grounds of violation of freedom of association and, simultaneously, before the European Court of Human Rights (ECtHR). It must be certified through international reports that the internal bylaws and congress processes of political parties are protected under the universal "right to organize."
Stage 2: Social Organization and a "Legal Literacy" Mobilization
- "The Will of the Nation" Civil Oversight Platforms: Just as in the cases of the Candlelight Movement in South Korea or KOD (Committee for the Defense of Democracy) in Poland, broad-based civil platforms independent of party identities must be established.
- An Alliance of Bar Associations and Academics: Bar associations across Turkey, acting in coordination, should organize "Public Square Lessons" and digital briefings that explain to the public the legal defects of the court ruling (that absolute nullity cannot be applied in this way). The aim is to break the public’s perception that "it is a court ruling and must be obeyed," and to clarify the "political nature" of the ruling.
Stage 3: Envisioning the Future and Human-Rights-Centered Methods
- The Hundred-Thousand-Signature Direct Democracy Formula: As Özgür Özel has pointed out, if institutional parties are under threat of being shut down or paralyzed by the judiciary, then legal formulas grounded directly in the citizenry—such as the constitution’s "presidential candidacy with 100,000 signatures" and independent movement networks—must be made the central strategy.
- Documenting Illegality and "Monitoring Committees": The civil criminal complaints filed by detainees against rights violations in the Administrative and Observation Boards or in the courthouses should be expanded; civil society organizations should report all judicial processes in real time and provide a regular flow of data to international human rights organizations (Amnesty, Human Rights Watch, etc.).
| Strategic Area | International Experience / Model | Method of Application in Turkey |
|---|---|---|
| Institutional Resistance | Resistance to the Polish Constitutional Court Crisis | Elected boards continuing their de facto and legitimate meetings; the social base keeping vigil in front of the headquarters. |
| Civic Participation | South Korea – Gwanghwamun Public Square Assemblies | Making the demand for early elections, through "Ballot Box Will" civil platforms, the shared motto of the street and civil society. |
| Legal Defense | Hungary – Helsinki Committee Civil Monitoring Model | Under the leadership of the bar association, legal follow-up of instrumentalized court rulings and notification to international mechanisms. |
Conclusion: When the State Competes with the Nation…
Historical experience has shown that no matter how strongly bureaucratic and judicial mechanisms are fortified, decisions that have lost their social legitimacy are not sustainable in the long run. Özgür Özel’s rational observation is the ultimate summary of this process: "If you set the state against the nation, the nation always wins."
Turkish civil society possesses ample maturity and experience to safeguard its century-old democratic accumulation. What matters is to maintain a rational and organized line of resistance with determination—without losing the moral high ground—while also mobilizing international mechanisms.
Respectfully, we will continue to monitor regional developments and rights violations on behalf of the international community.
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